DISCIPLINARY PROCEDURE DISCIPLINARY PROCEDURE IN CEBIN CEB

Mervyn HalpeMervyn Halpe

Deputy General Manager (FSPD)Deputy General Manager (FSPD)

dgmfspd@ceb.lkdgmfspd@ceb.lk

topictopic

• Discipline

• Disciplinary Procedure

• Powers of an Executive who heads a unit, Rights of employees and steps in the disciplinary procedure.

• Classification of offences.

• Maintaining basic discipline at office. What to do on specific violation of discipline at offices such as drunk during work

what is disciplinewhat is discipline

WHAT IS DISCIPLINE ?WHAT IS DISCIPLINE ?

The Conditions in the organization under which employees conduct them selves in accordance with the organization’s rules & acceptable behavior.

Code of Conduct

5S

commen breechescommen breeches

Common Disciplinary BreechesCommon Disciplinary Breeches

• Attendance and Punctuality

• Negative Behavior

• Dishonesty

• Out side Criminal Activities

• Moon lighting

• Conflict Interest

principleprinciple

Disciplinary Action Guide LinesDisciplinary Action Guide Lines

• Action should be Corrective

• Progressive (Step by Step)

• Follow the Hot Stove Rule

• Natural Justice

natural justicenatural justice

Natural JusticeNatural Justice

• The right to a fair hearing requires that individuals should not be penalized by decisions affecting their rights or legitimate expectations unless they have been given prior notice of the case, a fair opportunity to answer it, and the opportunity to present their own case.

appointment appointment

• You are bound to abide by disciplinary rules and regulations and all other laws, rules and regulations of the Ceylon Electricity Board now in existence or would be imposed in future.

I ……do solemnly declare and affirm/swear that I will faithfully perform the duties and discharge the functions of the office of ……….in accordance with the Constitution of the Democratic Socialist Republic of Sri Lanka and the Law , and that I will be faithful to the Republic of Sri Lanka and that I will to the best of my ability uphold and defend the constitution of the Democratic Socialist Republic of Sri Lanka

Some of the Important Rules Some of the Important Rules and Regulationsand Regulations

• Laws of the country • Establishment Code• Financial Regulations• Shop and Office Act• Wages Board Ordinance• Factories Ordinance• CEB Circulars• Commonly Accepted Behavior

codecode

• CEB RULES OF DISCIPLINARY PROCEDURE

misconductmisconduct

• Disciplinary Rules according to Establishment Code

MisconductMisconduct• Absent without a valid reasonAbsent without a valid reason• Late attendance without a valid Late attendance without a valid

reasonreason• Negligence leading to wasteNegligence leading to waste• CarelessnessCarelessness• DishonestyDishonesty• Assault, Threatening, scoldingAssault, Threatening, scolding• Sleeping while on dutySleeping while on duty• DrunkennessDrunkenness• Misuse of Office Vehicles, itemsMisuse of Office Vehicles, items• Etc..etc..Etc..etc..

classificationclassification

OffencesOffences

• Grave OffencesGrave Offences

• Minor OffencesMinor Offences

EcodeEcode

1. Non-allegiance to the Constitution of the Democratic Socialist Republic of Sri Lanka.

2. Act or cause to act in such a manner as to bring the Democratic Socialist Republic of Sri Lanka. Into disrepute. 

3. Anti-government or terrorist or criminal offences.

4. Bribery or Corruption.

5. Drunkenness, being drunk , smelling of liquor or use of narcotics within duty hours or within Government premises.

6. Use or be in possession of narcotic drugs within duty hours or within government premises. 

7. Misappropriate or cause another to misappropriate public funds.

8. Misappropriate government resources or cause such misappropriation or cause destruction or depreciation of government resources willfully or negligently.

9. Act or cause to act negligently or inadvertently or willfully in such a manner as to harm government interests.

10.Act in such manner as to bring the public service into disrepute.

11.Divulge information that may harm the State, the State Service or other State Institution or make available or cause to make available State Documents or copies thereof to outside parties without the permission of an appropriate authority.

12.Alter, distort, destroy or fudge State documents.

13.one self or act in such a manner as to obstruct a public officer in the discharge of his duties , or insult, or cause or threaten to cause bodily harm to a public officer.

14.Refuse to carryout lawful orders given by a senior officer or insubordination.

15.Any violation of provisions of the Establishments code, Financial Regulations, Public Service Commission Circulars, Public Administration Circulars, Treasury Circulars, Departmental Circulars, Departmental Hand Books or Manuals or willfully, inadvertently act in circumvention of such provisions.

16.Aid and abet, or cause to commit the above offences

stepssteps

Steps In ActionSteps In Action

• Verbal Warning• Written Warning• Preliminary Inquiry• Suspension• Charge Sheet• Formal Inquiry• Punishment

rules section 1rules section 1

Section 1Section 1

• Ceylon Electricity Board Act

• Disciplinary Authority

• An act of misconduct or a lapse by an employee calling for punishment dealt with under these Rules

Section 2Section 2

• Exercise of the Power of Disciplinary Control

• Minor punishments without formal proceedings

• Punishments after formal proceedings

• Interdiction

• Dismissal

• Appeals

Section 3- Preliminary InvestigationSection 3- Preliminary Investigation

Fact Finding activity

Any officer appointed by Disciplinary Authority, A team of officers, Investigation officers, Audit officers as appointed may conduct the Preliminary Investigation

Section 4Section 4

Classification of Offences

Grave offences –Schedule A

All other offences-Schedule B

Section 5-Charge SheetSection 5-Charge Sheet

A charge sheet need not take a legalistic form. It should state in clear and simple terms, the acts of misconduct and/or the lapses which constitute offences or negligence and when and where they took place

Section 6-Production of Section 6-Production of DocumentsDocuments

Documents use at formal inquiry

Statements given at preliminary inquiry

Section 7- Tribunal of InquirySection 7- Tribunal of Inquiry

• Panel of officers registered in CEB

• Disciplinary Authority will appoint

Section 8Section 8Representation at InquiryRepresentation at Inquiry

• Prosecution

• Defense

Section 9- Conduct of InquiriesSection 9- Conduct of Inquiries

• Expedite

• Objective- Finding the Truth

• Final report with recommendation

Section 10- Disciplinary OrderSection 10- Disciplinary Order

• Impose punishment or

• Exonerate

Section 11- PunishmentSection 11- Punishment• Minor punishment• Minor punishments are appropriate for offences

falling under Schedule ‘B’. These will include reprimand, severe reprimand, censure, suspension or stoppage of increment for a period not exceeding one year, a disciplinary transfer, a fine not exceeding one weeks pay or any other form of punishment not more severe than those listed. A warning is not a punishment.

Section 11- Punishment Cont…Section 11- Punishment Cont…• Major punishment• Major punishments are appropriate for offences falling

under Schedule ‘A’ and will include dismissal, retirement for general inefficiency, reduction in seniority by a specified number of places, reduction in rank to the next lower grade/ class/post, reduction in salary/deferment of increment, deferment of promotion for a specified period, disqualification from sitting any promotional examination for a specified period, or any other form of punishment more severe than those listed in the preceding sub-section.

Section 12- Section 12- Appeals and Revision of Disciplinary order

• An employee aggrieved by an order of transfer, or punishment, or dismissal made as a disciplinary measure has a right of appeal

Section 13- Criminal Offences Section 13- Criminal Offences and Briberyand Bribery

• Refer the matter to Police or Bribery Commissioner

• An employee remanded by a Court shall be interdicted forthwith. If he is released from remand, the question whether he should continue under interdiction will be determined in terms of Sub-Sections 16:1 and 16:4.

Section 14-Findings made by court of Section 14-Findings made by court of LawLaw

• If an employee is convicted by a If an employee is convicted by a Court of Law in any criminal Court of Law in any criminal proceedings proceedings

Section 15- Offences Disclosed by Section 15- Offences Disclosed by Commissioner of Inquiry or Auditor GeneralCommissioner of Inquiry or Auditor General

Section 16- Interdiction or Section 16- Interdiction or Compulsory leaveCompulsory leave

Section 17- Compulsory retirementSection 17- Compulsory retirement

Section 18-retirement for General Section 18-retirement for General InefficiencyInefficiency

Section 19- Retirement, Section 19- Retirement, Resignation, Permission to Resignation, Permission to

leave the Countryleave the Country

Section 20- Temporary or Section 20- Temporary or Casual employeesCasual employees

Section 21- Vacation of PostSection 21- Vacation of Post

Authority-AppendixAuthority-Appendix

Classification of Offences as in Classification of Offences as in CEB RulesCEB Rules

• Major Offences• Inefficiency • Incompetence

• Negligence• Lack of Integrity• Improper Conduct (whether connected with

an employee’s official duties or not)• Indiscipline

Delegation of Disciplinary powers

Executive GradesExecutive Grades

Subordinate Grades and Minor Subordinate Grades and Minor GradesGrades

• Thank You